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Private Health Insurance Amendment Bill (No. 2) 2014

Schedule 2 Base premium measure

   

1  Non-commencement of certain items

Items 1, 2, 3, 6 and 13 of Schedule 1 to the Private Health Insurance Legislation Amendment (Base Premium) Act 2013 are taken never to have commenced.

Note:       The items are superseded by the amendments made by the Private Health Insurance Legislation Amendment Act 2014 .

2  Validation of certain payments

Scope

(1)       This item applies if:

                     (a)  during the period starting on 1 April 2014 and ending immediately before the commencement of this item, an amount was purportedly paid to a private health insurer under a provision (the payment provision ) of Part 6-4 of the Private Health Insurance Act 2007 ; and

                     (b)  the amount paid exceeded the amount that, disregarding item 1, was payable to the private health insurer under the payment provision; and

                     (c)  the amount paid equalled the amount that, taking account of item 1, was payable to the private health insurer under the payment provision.

Recovery of excess

(2)       The excess referred to in paragraph (1)(b):

                     (a)  is a debt due to the Commonwealth by the private health insurer; and

                     (b)  may be recovered by action in a court of competent jurisdiction.

Substitute payment

(3)       There is payable to the private health insurer an amount equal to the excess referred to in paragraph (1)(b).

(4)       The payment under subitem (3) is taken to be a payment to which section 282-40 of the Private Health Insurance Act 2007 applies.

(5)       The payment under subitem (3) is taken to satisfy any obligation to make a payment to the same private health insurer of the amount that was payable as described in paragraph (1)(c).

Set-off

(6)       The amount payable by the private health insurer under subitem (2) may be recovered by deduction from the amount payable to the private health insurer under subitem (3).

3  Application of amendments made by the Private Health Insurance Legislation Amendment Act 2014 to adjustment year starting on 1 April 2014

Despite the fact that the Private Health Insurance Legislation Amendment Act 2014 commenced on 9 April 2014, the amendments made by that Act apply to the whole of the adjustment year (within the meaning of the Private Health Insurance Act 2007 ) starting on 1 April 2014.